Colin B. Picker

The Coherent Fragmentation of International Economic Law: Lessons from the Transpacific Partnership Agreement

Rather than just focusing on one narrow component of the TPP, this chapter takes a macro perspective. It first seeks to measure the TPP’s contribution to the IELO—whether it really does add to the field and then, critically, whether the character and components of the TPP really do undermine the IELO. In other words, whether the TPP has much to contribute to the debate about the perception that the IELO is fragmented. The chapter finds that the TPP does not really contribute much new to the IEL, for what is new in the TPP is weak, and what is strong is not new. The chapter then conclude by applying the lessons from that analysis to uncover insights about the wider issue of the fragmentation of first the international economic legal order and then the international legal order in general. The chapter finds that while there are many parts to the international economic order, at a conceptual level it remains coherent. This may be styled coherent fragmentation. Extrapolating it is possible to then consider the wider international legal order similarly fragmented in a coherent manner.

Comparative Law as an Engine of Change for Civil Procedure

This chapter considers the role of comparative analyses in the development of civil procedure. The chapter considers why we can expect there to be obstacles to change within the field of civil procedure and what might be the forces and mechanisms leading to any change. The chapter also focuses on comparative law-led change as both a force and mechanism of change. It considers the suitability of comparative analyses within a civil procedure context, arguing that the methodology works well across civil procedure systems. The chapter concludes that given the characteristics of civil procedure, comparative law-led change may be a particularly well suited mechanism for change in this field.

Anti-Poverty V. The International Economic Legal Order? A Legal Cultural Critique

International economic law (“IEL”) poverty reduction policies have at times been successful, yet there is no question that poverty persists throughout the world despite significant global economic growth in the last half century. In many respects, poverty appears to be resistant to the poverty reduction policies of what is now a very sophisticated and comprehensive international economic legal order. This chapter considers one of the possible sources of that failure—the many different legal cultural disconnects or discontinuities that arise between the international economic legal order, its anti-poverty policies and the legal arenas within which poverty exists. This chapter will consider those disconnects from a systemic perspective, though there will necessarily be reference to specific examples of IEL anti-poverty reduction efforts to provide examples of those troublesome legal cultural disconnects. This chapter will not, however, assess or dissect the failures of specific IEL anti-poverty reduction policies. Rather, this chapter will assume that all IEL anti-poverty policies, successful or not, face legal cultural issues that may undermine those efforts. Those issues would then be better handled for being identified and understood, allowing IEL poverty reduction policies a better chance for success, while at the same time minimizing any potential harms to the different legal and other cultures involved.

A Legal Cultural Analysis of Microtrade

As a new international economic policy, microtrade will face a whole host of issues, including potential legal cultural obstacles. Those legal cultural issues will arise as a result of the different and sometimes conflicting legal cultures of the varied participants within the different fora and communities involved in microtrade from the LDCs to the NGOs to the artisans within the exporting entities. This paper identifies many of the legal cultural issues involved in microtrade, with such identification ideally then permitting the amelioration of the negative impact on microtrade of those legal cultural issues. Many legal cultural issues will be explored, including the legal cultures associated with rural communities, women, international trade law, the microtrade organization, and the legal culture associated with small entities.